Lay Judges: Everything You Need to Know

Lay judges play a vital role and make a significant contribution to the judicial system. However, in the course of their duties, they also frequently face a wide range of challenges and criticism. They serve as guardians of justice, so to speak. Even though they lack legal training, they are authorized to adjudicate legal disputes in the Czech Republic. While some have an incredible sense of justice, others can spot a lie a mile away. Their combined expertise ensures that no crime goes unnoticed and no culprit escapes justice.

Who is a lay judge, or a judicial assessor?

A lay judge is a citizen—who is not required to have a legal education—who participates in court decisions as a member of the judicial panel. Their role is to bring life experience and the perspective of the general public to the decision-making process. A lay judge is neither a spectator at the trial nor an advisor to the judge. As a member of the panel, they make decisions jointly with a professional judge.

In criminal cases where lay judges participate in the decision-making process, the regional court panel consists of the presiding judge and two lay judges. Each member of the panel has one vote during deliberations and voting. Thus, a lay judge is not merely a symbolic part of the proceedings but can influence the outcome of the decision just as much as a judge. However, the regional court decides in panels only when required by procedural rules; otherwise, a single judge decides.

What is the role of a lay judge in a court proceeding?

Lay judges participate in court proceedings, observe the presentation of evidence, may ask questions, and, after the presentation of evidence is concluded, participate in the panel’s deliberations. Together with the other members of the panel, they assess what has been proven during the proceedings, whether the defendant is guilty, what sentence should be imposed, and how other issues—such as compensation for damages—should be decided.

In the performance of their duties, lay judges are independent and bound only by the law. They must decide impartially, fairly, without delay, and on the basis of facts established in accordance with the law. No one may interfere with or jeopardize the independence and impartiality of judges or lay judges.

A lay judge must therefore not decide based on personal sympathies, antipathies, or impressions from the media. His or her layperson’s perspective is relevant only if it is based on the course of the proceedings and the evidence presented. Like a judge , he or she must conduct himself or herself in such a way that no doubts arise regarding his or her impartiality.

Where do lay judges serve in court today?

As of January 1, 2025, lay judges will no longer serve in new proceedings at district courts. Judges at district courts will adjudicate cases as sole judges. This means that ordinary civil disputes, family matters, enforcement proceedings, custody cases, and criminal cases before district courts will be decided by a professional judge acting alone, or with the support of court staff to the extent provided by law.

Lay judges no longer decide new cases , including labor disputes. The Civil Procedure Code stipulates that a single judge presides and decides cases before a district court. At the regional court, as the court of first instance, a single judge also presides over civil cases as a general rule; a panel of judges hears and decides cases only when required by law, as well as in appellate proceedings.

Thus, the primary role for lay judges today remains in criminal proceedings before the regional court as the court of first instance. A panel of judges with lay judges decides, in particular, cases involving particularly serious crimes, with the exception of particularly serious property crimes and economic crimes, as well as cases involving the murder of a newborn child by its mother. In other first-instance criminal cases before the regional court, proceedings are conducted by a single judge.

A particularly serious crime is defined as an intentional criminal offense for which the Criminal Code prescribes a prison sentence with a maximum term of at least ten years. Typically, this may involve, for example, the most serious violent or sexual crimes, though it always depends on the specific legal classification of the offense.

Can lay judges still appear in district court?

In exceptional cases, yes, but only in older proceedings that are still pending. Transitional rules stipulate that proceedings initiated before January 1, 2025, will be completed in accordance with the previous rules on court composition until a final decision is reached. Therefore, even in 2026, it may happen that a panel including lay judges still appears in a specific older case at a district court. However, this is not the rule for new proceedings.

Who can serve as a lay judge, and how are they elected?

A professional judge is a lawyer appointed by the President of the Republic to the position for an indefinite term. They must meet strict legal requirements, have a law degree, pass a specialized judicial or equivalent examination, and successfully complete the selection process for the position of judge.

Lay judges, on the other hand, are not required to have a law degree. They are elected for a four-year term, and their role is focused on ensuring the participation of the general public in the exercise of judicial power. This does not mean, however, that they can decide arbitrarily. Upon election, they take an oath to abide by the legal system of the Czech Republic, interpret it to the best of their knowledge and conscience, and decide independently, impartially, and fairly.

The main difference, therefore, lies in their professional background and the manner of their appointment. During the actual voting in the Senate, however, lay judges have an equal vote. The purpose of this model is to combine the expert management of proceedings by a professional judge with a civic element in the most serious criminal cases.

A lay judge may be a citizen of the Czech Republic who is of full legal capacity, of good character, at least 30 years of age, consents to their appointment to the position, and whose experience and moral character provide assurance that they will properly perform the duties of the office.

The law also requires a certain connection to the district for which the lay judge is to be elected. A citizen may be elected as a lay judge if they are registered as a permanent resident in the district of the relevant local council and, at the same time, in the district of the court for which they are elected, or if they work in these districts.

The office of lay judge is a public office. It is incompatible with the office of a member of a chamber of Parliament and with other activities as specified by law. Lay judges must therefore expect to be held to high standards of trustworthiness, discretion, and the ability to separate personal opinions from decisions on specific cases.

Lay judges of regional courts are elected by the regional councils whose territory falls, at least in part, within the jurisdiction of the relevant regional court. In Prague, lay judges of the Municipal Court in Prague are elected by the City Council of Prague. Candidates are nominated by members of the relevant City Council, and the City Council requests a statement from the president of the relevant court regarding the candidates.

The term of office for a lay judge is four years. Upon election, the lay judge takes an oath before the president of the court to which they were elected. If re-elected, the oath is not repeated. They assume office on the day following the taking of the oath, or following re-election if they are not required to take the oath again.

The number of lay judges for a specific regional court is determined by the court’s president. In doing so , care must be taken to ensure that individual lay judges generally do not sit for more than 20 days in a calendar year. The position is therefore not a traditional full-time job but requires genuine flexibility in terms of time.

Rights, Duties, and Compensation of Lay Judges

Lay judges must attend the proceedings to which they are summoned, maintain confidentiality, and conduct themselves in a manner that does not undermine confidence in the independent and impartial decision-making of the courts. They must also be prepared for the fact that hearings in serious criminal cases can be emotionally taxing and sometimes time-consuming.

Lay judges are entitled to compensation for the performance of their duties. Lay judges who are employed or in a similar employment relationship are entitled to wage compensation equal to their average earnings for the duration of their service, which is provided by the state. Lay judges who are not employed receive compensation from the state for lost earnings. The state also reimburses out-of-pocket expenses incurred while performing their duties, and lay judges are entitled to a lump-sum allowance for each day of proceedings.

When does the term of office as a lay judge end?

The term of office of a lay judge ends, in particular, upon the expiration of the four-year term. It also terminates, for example, in the event of a final conviction for an intentional criminal offense, a conviction resulting in an unconditional prison sentence for a negligent criminal offense, a restriction of legal capacity, loss of Czech citizenship, or death. A lay judge may also resign from office.

Upon a motion by the presiding judge of the relevant court , a lay judge may be removed from office by the municipal council that elected him or her. The grounds for removal may include a serious breach of duties, loss of the legal prerequisites for the office, or a health condition that prevents him or her from properly performing the duties of the office. Before deciding on the dismissal, the municipal council shall request the lay judge’s statement.

Summary

Lay judges represent the civic element in the Czech judiciary. They are not a jury and do not decide separately from the judge. When sitting on a panel, they decide jointly with a professional judge and have an equal vote.

Their role is now more limited than it once was. In new proceedings, they do not serve at district courts or in labor disputes. In practice, they are primarily found at regional courts in the first instance for the most serious criminal cases, where the law requires a decision to be made by a panel. Any trustworthy, law-abiding, and legally competent citizen of the Czech Republic over the age of 30 who meets the legal requirements and is elected by the relevant local council may become a lay judge.